How to Fight for Your Home

There is a lot of media attention on the lenders about the foreclosure crisis.  There is also a lot of media telling you fight for your home, but what I do not see is anyone telling you exactly how to fight for your home.  WELL, TODAY THAT IS GOING TO CHANGE.

The first thing that you must be equipped with to fight for your home is knowledge.  This post is guarantee to give you the knowledge needed to fight the lender.

Did you know that despite the fact that you are negoitating a short sale or a loan modification that you could still lose your home?  The reason is that the foreclosure that you are trying to avoid is a lawsuit filed by the lender.

The lender or plaintiff files a lawsuit in  court for the sale of the home to repay the mortgage.  However, what you may not have known is that as the defendant you can file legal documents to resolve the foreclosure.  The resolution can and may be the pending short sale or loan modification, but there must be proof of that information filed by the defendant.  In other words, the lender does not stop the foreclosure proceeding simply because you contact the company and tell them you want to apply for a short sale or loan modification.

The necessary documents that you needed to file can be filed with or without an attorney.  With the latter being said, I can not stress enough DO NOT IGNORE THE FORECLOSURE DOCUMENTS especially if you are working on a short sale or loan modification.

The documents are simple to prepare and file yourself. However, it is very important to know the deadline that the document must be filed to preserve your rights.  This will vary by state, but the deadline are on the foreclosure documents that you receive in the mail or from the sheriff.  In New York, for instance, you have 20 days.  In Indiana, you have 36 days.

Filing the answer for the foreclosure summons or complaint filed by your lender ensure that you receive all notices for future actions on the case.  Another important reason to file an answer is to keep the lender from getting an automatic deficiency judgement due to your lack of appearance or answer to the complaint.

To prevent the latter from happening, you will need to file an answer.  This post will instruct you on how to do just that by providing an example answer to mortgage complaint blog.

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